Colorado lawmakers set to debate bill to keep sex offenders out of mental health facilities near schools

Colorado lawmakers were set to discuss a bill that would keep sex offenders from being admitted to mental health facilities near schools. The issue has been at the heart of one Denver metro area community for more than a year. 

It started when a senior care facility was converted into a mental health transitional facility located near an elementary school and a child care facility on Grant Drive in Northglenn. 

For years, the same disappointment has played out like a broken record for those residents living near the site of two mental health transitional living homes.

"I'm disappointed that we're doing this again," said one resident.

"Northglenn isn't saying don't get help... Just don't provide it next to a playground. Don't provide it next to an elementary school," said another Northglenn resident.

On Monday, residents stood before the city council once again, two years after the state implemented the MHTL homes in their community. They remain frustrated that their pleas for permanent safeguards at these homes have gone ignored.

"Seventy-two calls for service in two years is an unsafe facility, and residents also share stories of seeing people walking through the neighborhood, doing drugs, [and] drinking alcohol," said Northglenn Mayor Meredith Leighty.

The MHTL home program was created in an effort to establish more mental health bed spaces across the state of Colorado and provide people who are coming out of the criminal justice system a place to help them reintegrate into society.

Back then, residents were worried sex offenders would be allowed inside the facility, which is located near Stukey Elementary school and a neighborhood comprised of families and senior residents.

While officials with the Colorado Department of Human Services agreed to ensure sex offenders would not be a part of the admitted population for the first two years of the program, Leighty says city leaders have been actively working to make that commitment permanent, while also establishing additional oversight measures, like security, and informing law enforcement as to who the state was admitting into the program.  

After months of talks with state officials, Leighty's team told residents they could not reach an agreement on a permanent solution.

"A policy change is a great first step, but it is a temporary solution, and our residents are seeking a permanent solution," said Leighty.

Officials with the Colorado Department of Human Services' Office of Forensic and Mental Health tell CBS Colorado they agreed to establish an internal policy banning sex offenders at the two facilities for at least the next five years.

The Colorado Department of Human Services (CDHS) is disappointed to hear from the press of reports of a breakdown in negotiations, especially given that the State and Northglenn's representatives had met on Thursday, April 9 and agreed on the next steps to further that discussion. The State has engaged in these meetings in good faith and considered them productive interactions, which have addressed all of Northglenn's stated objectives. The State affirms its strong commitment to the safety of the Northglenn community and to the successful working relationship with city officials regarding the Mental Health Transitional Living (MHTL) homes. The State has extended and memorialized its statewide internal policy to not admit individuals who are required to register pursuant to the Colorado Sex Offender Registration Act, to reside in MHTL homes for at least the next five years. We understood this to be Northglenn's principal concern, and the State affirmed that commitment in dialogue with the City and City representatives. 

To memorialize those conversations, the State drafted a Memorandum of Understanding (MOU) which outlined improvements to safety protocols and ways the State and City can best work together as issues arise.  The draft MOU also committed to consultation with the City on any future changes to policy, including the statewide internal policy regarding sex offenders.  

The State remains committed to working with the Northglenn community to provide excellent service for those in need of transitional services and would appreciate the same commitment to good faith collaboration from the City.

City leaders don't think the new policy goes far enough.

"We want it law, that they will not put registered sex offenders in residential facilities that are within 1000 feet of a school, and that should be codified statewide," said Leighty.

Now, the city is hoping a new bill, HB26-1285, aims to address that concern. Backed by State Rep. Lori Goldstein and Sen. Kyle Mullica, this bill would prevent sex offenders from being admitted into any MTHL home near a school.

Already, however, residents and city leaders in Northglenn are hearing that the bill may already be dead in the water.

"We believe the only way to get a level of certainty is to get this issue into legislation," said City Attorney Corey Hoffman.

The House Judiciary Committee will hear HB26-1285 on Tuesday. Leighty and other members of the council hope members of the Northglenn Committee will attend and voice their concerns before the committee in the hopes that this bill will move forward.